1. Who are Vietnamese overseas?

Clause 3, Article 3 of Vietnam Nationality Law 2008 stipulates: "Vietnamese residing abroad are Vietnamese citizens and people of Vietnamese origin residing and living permanently abroad". And Clause 4, Article 3 of Vietnam Nationality Law 2008 stipulates: "People of Vietnamese origin residing abroad are Vietnamese who once had Vietnamese nationality and at birth, their nationality was determined by the principle of bloodline and their children and grandchildren are residing and living permanently abroad". According to the above provisions, Vietnamese overseas (also known as Vietnamese residing abroad) are divided into 02 groups below.

• The first group: Are those who still have Vietnamese nationality, currently residing and living permanently abroad;
• The second group: Are those who no longer have Vietnamese nationality but their parents, grandparents, ancestors are Vietnamese citizens who are currently residing and living permanently abroad.

Thus, Vietnamese overseas are understood as Vietnamese people (still having or no longer having Vietnamese nationality) residing and living outside the territory of Vietnam.

2. Are Vietnamese overseas allowed to buy land and house in Vietnam?

2.1. For land

According to the provisions at Point b, Clause 1, Article 169 of Land Law 2013, and according to Points d, g, Clause 1, Article 169 of Land Law 2013, Vietnamese overseas who are entitled to own houses in Vietnam are recognized to transfer the right to use residential land (buy residential land) through the form of buying, renting to buy, receiving gifts, inheriting houses attached to the right to use residential land or being granted the right to use residential land in housing development projects.

Thus, Vietnamese overseas are recognized to transfer the right to use land in Vietnam but are limited by area and only allowed to transfer certain types of land as prescribed by law.

2.2. For housing

Clause 1, Article 186 of Land Law 2013 stipulates: "Vietnamese residing abroad who are subjects entitled to own houses according to the provisions of the housing law have the right to own houses attached to the right to use residential land in Vietnam". According to Articles 7 and 8 of Housing Law 2014, Vietnamese overseas are subjects entitled to own houses in Vietnam when meeting the conditions of Being allowed to enter Vietnam and having legal houses through one of the forms:

• Buy, rent to buy commercial houses of enterprises, cooperatives operating in real estate business (hereinafter collectively referred to as real estate business enterprises);
• Buy, receive gifts, exchange, inherit houses of households, individuals;
• Receive transfer of the right to use residential land in commercial housing construction investment projects that are allowed to sell plots to organize house construction according to the provisions of law.

Thus, Vietnamese overseas can buy houses in Vietnam through certain forms as prescribed by law.

3. Why do Vietnamese overseas need Land and Housing Lawyers?

The laws related to land and housing are extremely complex with many related guidelines. Land and housing are one of the valuable assets, the procedures for carrying out transactions related to land and housing can potentially hide many legal risks, leading to contradictions and disputes that are easy to occur. Therefore, self-studying legal regulations and applying them to resolve disputes is a big challenge for anyone without experience and deep knowledge in this field. Especially, Vietnamese overseas who have been living abroad for a long time, mostly understanding and applying legal regulations on land and housing in Vietnam will be inaccurate. Therefore, when legal issues related to land and housing arise, Vietnamese overseas often feel confused, worried, fall into a passive situation where they cannot solve the problem themselves and protect their legitimate interests. In this case, the support of a lawyer advising or resolving disputes related to the field of land and housing for Vietnamese overseas from the beginning is very necessary, because Land and Housing Lawyers will help Vietnamese overseas:

• Understand the regulations on land and housing related to their case;
• Offer appropriate solutions, minimize potential legal risks;
• Save time, effort, and money when carrying out administrative procedures, complaint procedures, litigation at competent state agencies.

4. What does a Land and Housing Lawyer do for Vietnamese Overseas?

Depending on the service requirements of Vietnamese overseas, the complexity of each case, the Land and Housing Lawyer for Vietnamese overseas will perform different tasks with different scopes:

• Advise on all legal issues related to land and housing through methods such as online consultation (online) via phone, zalo...; direct consultation at the headquarters of the Office, Company, headquarters of the Branches...; Consultation in writing via zalo, email...;
• Draft/consolidate documents and documents necessary to carry out administrative procedures on land and housing at competent state agencies;
• Represent to carry out administrative procedures on land and housing at competent state agencies;
• Draft/consolidate documents and documents necessary to carry out complaint procedures, lawsuits related to land and housing at the Court and competent state agencies;
• Represent/send Lawyers to protect the legitimate rights and interests of clients when participating in resolving land and housing disputes at the Court and competent state agencies.

5. What are the criteria for choosing a Land and Housing Lawyer for Vietnamese overseas?

When choosing a Land and Housing Lawyer for Vietnamese Overseas, besides the criterion of having professional qualifications in advising and resolving issues on land and housing, other criteria should also be considered to decide. If Clients are not alert, do not know how to choose, find a good, reputable lawyer specializing in land and housing, they may fall into the situation of "benefit but harm". Therefore, one of the basic criteria for Clients to choose a Land and Housing Lawyer for Vietnamese Overseas is:

• The lawyer deeply understands the legal regulations on land and housing and related legal sectors;
• The lawyer has practical experience in advising on legal issues and participating in resolving land and housing disputes;
• The lawyer possesses skills such as: research, document evaluation, logical thinking and legal thinking, reconciliation skills, persuasion...;
• The lawyer has dedication and professional ethics.

6. Phong & Partners Law Firm provides Land and Housing Lawyer services for Vietnamese overseas

Phong & Partners Law Firm (Phong & Partners) is proud to be a reputable and professional law office in the Central region in particular and other provinces across the country in general. Phong & Partners provides comprehensive legal services in various fields, especially focusing on consulting and participating in litigation related to land and housing. With the motto "Quality of service and customer satisfaction are the measure of success", operating for the philosophy "Respect justice - Respect goodwill", Land and Housing Lawyers for Vietnamese overseas at Phong & Partners always work with dedication, passion, responsibility, ensuring rights and benefits for customers. Phong & Partners is one of the reliable choices for clients because:

• A large team of lawyers, legal experts, solid expertise, professional, thoughtful and dedicated consultation;
• A team of lawyers with 20 years of experience in advising and resolving land and housing disputes;
• Provide legal services on land and housing with the best quality - is the result of professionalism, dedication and bonding, for the highest interests of clients;
• Always aware of improving the quality of service, regularly updating legal regulations and practical situations to enhance the value of legal products sent to clients;
• Commit absolute confidentiality of customer information, to ensure clients are completely assured when using the service.

7. How much does it cost to hire a Land and Housing Lawyer for Vietnamese overseas?

Phong & Partners is committed to providing Land and Housing Lawyer services for Vietnamese overseas with the best quality of service. Depending on the complexity, scale of each case as well as the needs of customers, we will evaluate and offer a suitable service fee. At Phong & Partners, all legal costs will be transparent, clearly agreed between Phong & Partners and customers before performing the work. If you need to understand more specifically, you can send an email, call or come to the Office to be directly consulted by the team of Lawyers of Phong & Partners.

PHONG & PARTNERS LAW FIRM

Phong & Partners Lawyer in Da Nang City

1. Phong & Partners Law Firm in Hai Chau - Thanh Khe

Address: 6th floor, Thanh Loi Building, 249 Nguyen Van Linh, Thanh Khe district, Da Nang.

Phone: 02363 822 678 - 0905 102 425

2. Phong & Partners Law Firm in Son Tra

Address: 01 Dong Giang, Son Tra district, Da Nang.

Phone: 0905 205 624

3. Phong & Partners Law Firm in Lien Chieu

Address: 21 Truong Van Da, Lien Chieu District, Da Nang.

Phone: 0961 283 093

4. Phong & Partners Law Firm in Ngu Hanh Son

Address: 03 Chu Cam Phong, Ngu Hanh Son District, Da Nang.

Phone: 0905 579 269

5. Phong & Partners Law Firm in Cam Le - Hoa Vang

Address: 346 Cach Mang Thang Tam, Cam Le District, Da Nang.

Phone: 0901 955 099

Phong & Partners Lawyer in Ho Chi Minh City

Add: Floor 9, K&M Building, 33 Ung Van Khiem, 25 Ward, Binh Thanh district, Ho Chi Minh City. 

Tel: 0905.503.678

Email: phongpartnerslaw@gmail.com

Website: https://phong-partners.com

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